Legal Question in Real Estate Law in Georgia
Who has to pay past due homeowners assoc. dues after divorce?
3 Answers from Attorneys
Whoever the record title holder is on the property. If you and your wife are both record title holders, then you are both jointly and severally liable for the past due HOA assessments.
If you would like to file suit against your HOA please contact my office at 404-522-0341.
Good luck.
That depends on the two things you chose not to tell us - what happened in the divorce and whose name is now (and was) on the deed.
I am sure that with a home at stake that you did not make the mistake of doing a divorce without a lawyer so your lawyer will be able to fully answer you with a call, since he knows what is in your paperwork. As I am sure he also told you an agreement between the two of you, or even a court order between the two of you, does not change the basic answer of looking at the deed.
Your divorce attorney is always the person you need to ask these questions to, when you can't recall his past advice or are unclear on the paperwork.
God only knows how your post indicated, in any remote way, that you needed you sue the HOA or how that would resolve your issues.